
History of Law and Institutions
Code: 102197Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Law | FB | 1 |
Contact lecturer
- Name :
- Josep Cañabate Perez
- Email :
- josep.canabate@uab.cat
Teaching staff
- Marc Hernandez Valles
- Jose Antonio Gonzalez Clapham
- Mireia Grañen Galera
- Laura Casas Diaz
- Daniel Valles Muñio
- Stefania Giombini
- Alex Bas Vilafranca
- Alberto Estrada Rius
- Elisabet Velo Fabregat
Group languages
You can consult this information at the end of the document.
Prerequisites
The subject History of Law and Institutions does not require prior specific knowledge or requirements.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals
Objectives
Learning outcomes
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
- Defend and promote the basic values of coexistence in democracy.
- Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
- Contrasting the close connection throughout history between the legal, social, political and economic order.
- Distinguishing the legal concepts and the actions of the institutions that respond to social practices embedded in concrete historical contexts.
- Increasing the value of the historical signification of Law, not only as a power manifestation but specially as a emanation of society and their agents.
- Using the sources and historical documents, paying special attention to the digitalised databases of texts and legal prosopography data banks.
- Clearly distinguishing other rights and other legal reasons in the framework of an initial historical approach.
- Defining the genesis and fundamental evolution of public and private institutions in Spain, from the Middle Ages to the Late Modern Period of Constitutions and Codes.
- Contextualising the sources of law and the various ways for the creation of Law in the Spanish and European historical frameworks.
Contents
The different contents are grouped into the following units, which basically consist of a general introduction and five periods identified from the legal point of view (with an expression adopted for some great masters of Italian legal historiography, it could be said that each of these periods they correspond to a diverse legal experience, in history and in relation to the present):
1. Methodological and conceptual introduction. History and Law: comparative method; historical awareness of Law; from humanism to modern legal science. Importance of History and legal culture in the formation of jurists. Critical history of Law. The new institutional history. Legal historiography and its schools.
2. The medieval legal order. Religous law. The formation of the ius commune. The birth of the jurist: schools and universities. The ius commune in the different legal branches. Rights propis and legal pluralism. The rights of peninsular kingdoms.
3. Legal itineraries of the Modern Age: Renaissance and legal humanism. The Universal Monarchy: state, war, treasury, government, grace and justice. A first \"globalization\": the problem of the conquest of America and the incorporation of the Indies. The New Plant regime. Law and commerce: the ius mercatorum.
4. Crisis of the Law at the end of the Old Regime. Rationalist natural law. Regulatory system of the liberal Age of Law. Bourgeois revolution and law. Spanish Constitutions (1812-1931). Coding. Legal diversity existing in Spain.
5. History of social rights in the contemporary stage. Analysis with a gender perspective of the main social norms approved in the transit from the liberal state to the interventionist state.
6. Second Spanish Republic. Totalitarianism and Francoist dictatorship.
The Law and Business Administration (Dret i ADE) Group 70 covers the following specific topics:
- Peace and Truce of God in Catalonia. Usatges de Barcelona.
- Dual ownership: emphyteutic tenure (cens emfitèutic).
- Territorial, jurisdictional, and personal lordships.
- Feudal abuses (mals usos) and the Remença peasants' struggle. The Sentencia Arbitral de Guadalupe.
- Llibre del Consolat de Mar – Ordinances of James I of 1237.
- Introduction to the history of commercial law.
- Ius commune, canon law, usury, and the development of credit law.
- Codification and the codification of the Spanish Commercial Code.
- History of tax law.
- History of financial law.
- Public debt.
- Securities and financial markets.
- The Nueva Planta Decrees and absolutism.
- The end of the Ancien Régime. Cortes of Cádiz. Liberalism: transformation of the legal regime of property rights.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Research and preparation of activities | 30 | 1.2 | 2, 3, 5, 6, 11, 12 |
| Study | 36 | 1.44 | 1, 2, 3, 7, 9, 13 |
| Lectures | 22 | 0.88 | 1, 7, 9, 10, 11, 13 |
| Seminars (Oral and writing presentations, etc.) | 22 | 0.88 | 4, 5, 7, 8, 9, 13 |
| Reading texts and preparation | 35 | 1.4 | 1, 7, 9, 10, 11, 13 |
The development of the teaching of the course and the training of the students correspond to the New Teaching Model approved by the Faculty Board of June 27, 2019.
The course consists of 15 weeks. In the first two weeks of teaching, 3 hours will be devoted to theory. The last week of the semester will only consist of 2 hours of seminar.
(I) Directed (44 hours): those that take place in the lectures (22 hs) and in the seminars (22 hours).
The classes are divided into two types: a) lectures and b) seminars. For this reason, each group of the course is divided by the academic management of the Faculty of Law in these two types. It is very important that the student verify in which master class and seminar group he is enrolled.
a) Lectures: the teachers will make an analytical explanation of each one of the study topics. Through the master class, the aim is to transmit the basic knowledge of the Program, stimulate interest in historical analysis, and answer the students' doubts collectively.
b) Seminars: students analyze and solve historical-legal texts together with teachers. In general, the comments will be made in class, although their preparation can be done in writing before class. The basis of the practical work is the understanding and critical application of the historical regulations related to the essential content explained in the theoretical classes. The objective of the seminar is to promote the acquisition of the different transversal competences by the students. In class different aspects of the Program will beworked from an empirical point of view, through the use of legal texts, which each student will have previously worked with the indicated readingsor materials. Reading comprehension, critical information research, writing, individual and team work, as well as oral skills will be worked on and improved.
(II) Autonomous: external work of students (106 hours).
Individual work of the students based on readings and the search for information.
The directed work is complemented by individual and group work. The objective of this activity is to promote independence of the student in the learning process and provide analytical tools that encourage yourcritical capacity
Tutorials The learning process will be supervised by the teachers through tutorials. the teachers will be at your disposal in the hours previously established for it, to answer questions and follow the general evolution of the course.
Virtual Campus or Moodle Classroom of the subject
In classroom teaching, the Virtual Campus is a useful tool that allows students to have access to a complementary space through which they can access different teaching materials that the teacher considers important to deepen the contents of the subject.
The set of activities will be specified in each group in the classroom moodle, activated the first week of the course. In this space, the schedule of both evaluable and non-assessable activities will be specified in a precise manner. The fixed dates are irremovable, without prejudice to the fact that exceptionally and for reasons of force majeure can be modified, with sufficient notice.
(III) Evaluation: 5 hours.
Surveys of evaluation of the teaching performance and of evaluation of the subject
Professor will have to allocate approximately 15minutes of class time to allow his students to answer the surveys of evaluation of the teaching performance andof evaluation of the subject.
At the beginning of the course, a schedule will be published on the virtual campus.
The Business Administration and Law (ADE + Law) Group 70 has the following methodological specifications:
- 15 weeks.
- During the practical sessions in the first three weeks, students will visit the National Archives of Catalonia, where they will be able to examine the documents that will be studied during the practical sessions throughout the course.
The course methodology consists of two components:
b.1) Theoretical component
The theoretical component will consist of lectures covering the fundamental contents of the syllabus. Classroom lectures may be complemented, where appropriate, by videos uploaded to the Virtual Campus or by readings provided by the instructors to the class representatives for distribution among the students. In both cases, the content will be included in the two multiple-choice examinations and in the final examination.
b.2) Practical component
The practical classes will have two dimensions:
1. Reading-based activities
Ten sections of a general history of law textbook, or alternatively ten readings on legal history topics, will be assigned. These readings will be scheduled throughout the semester so that, in each practical session, students will complete a short multiple-choice test on the assigned reading. Blank or incorrect answers will incur a penalty of one point for every four blank or incorrect responses. The maximum duration of each test will be 30 minutes.
2. Archival research project
The second part of the practical activities will begin with a visit to the National Archives of Catalonia (ANC). After each multiple-choice test, students will spend the remainder of the practical session working in groups of three or four students.
A draw will be conducted among the groups, and each group will be assigned one of the ANC documents from the list of documents available on the Virtual Campus.
All documents are accessible through the ANC online catalogue and may be examined by students during the visit to the Archives.
Each group must analyse the assigned document, with the guidance of the instructors and according to specific criteria that will be explained during the practical sessions.
Each group will present the results of its research during the final days of face-to-face teaching, together with a glossary of legal terms extracted from the document. The remaining groups and the instructors will evaluate both the research results and the presentation delivered by each group.
In accordance with the teaching model of the Faculty of Law, attendance at practical sessions is mandatory. Attendance will be monitored through the completion of the multiple-choice tests on the compulsory readings assigned for the practical classes. Students who fail to complete at least 80% of these tests will receive a grade of 0 for this learning component, that is, for all practical sessions.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Active participaticion at classroom and forum/attendance | 10% | 1 | 0.04 | 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 |
| Exams | 50% | 2 | 0.08 | 2, 3, 6, 7, 8, 9, 10, 11, 12, 13 |
| Individual work (readings, essays, text comments, etc.), group work (debates, works, etc.) | 40% | 2 | 0.08 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 |
Assessment activities can be carried out throughout the course, partly individually and partly in groups. The evaluation is continuous and is organized according to the training activities previously described. The continuous assessment system combines attendance at theoretical / master classes, active participation in seminars, carrying out evaluable activities (with an overall weight of 50%) and passing the final test (with an overall weight of fifty%). Given that the final test involves the evaluation of the knowledge acquired cumulatively through continuous evaluation activities, it is an essential requirement to pass the final test with a 5/10. evaluation 1. Evaluation model The evaluation model is continuous and has the training objective that students and teachers can know the degree of achievement of the competences to guide their training process. Value of each evaluation item: individual works (20%); group work (20%); final test (50%); attendance and active participation (10%).
The evaluation activities can be done throughout the course in part individually and in part, in groups. The evaluation is continuous and is organized according to the training activities described above.
The continuous assessment system combines the attendance to the theoretical classes, the participation in the practical classes, the realization of the evaluable activities (with a global weight of 50%) and the passing of the final exam (with a global weight of 50%) . It is an essential requirement to pass the final test with a 5 so that it becomes average with the rest of evaluable activities.
2. Conditions to be evaluated
Students will be assessable as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this threshold, the subject teacher may consider the student as non-evaluable
3. Requirements to pass thesubject and recoveries
You must have a minimum grade of 5 in the four items that make up the evaluation. If a student does not pass the evaluation part corresponding to the individual work, the group work or the final pass will have the possibility of making up the established day to re-evaluate. Individual work and group work are retrieved through one or more theoretical questions about the content and subjects worked on in the respective activities.
To pass the subject for re-evaluation, you must also have a 5 on all items. If this minimum score is not obtained for each item, even if the arithmetic mean of the four evaluation items exceeds 5, the final grade in the report will be suspended 4.5.
Given that this is a second chance, the maximum grade for tests and recovered work is 5.
4. Late presentations
They are not accepted, saving situations of force majeure. The student will obtain a 0 in the undelivered practice.
5. Excuses
Excuses for complying with obligations due to illness or force majeure reasons may be accepted as long as there is an official certificate. Absences for academic reasons must be previously accepted by the teaching staff.
6. Fraudulent conduct
IMPORTANT: If a student cheats, commits plagiarism, or is found in possession of a prohibited device during any assessment activity, the lecturer will assign a grade of 0 for that assessment and will notify the Dean’s Office of the Faculty by submitting a report detailing the circumstances and evidence of the incident, with a view to requesting the initiation of possible disciplinary proceedings against the student. This assessment activity cannot be retaken. If more than one irregularity occurs in the assessment activities of the same course, the final grade for the course will be 0.
7. Distinctions (Matrícula d'Honor)
Students who obtain a grade of 9 or higher on the final grade may obtain a distinction grade (Matrícula d'Honor). An evaluation committee will be formed among all the professors of the group, which will evaluate with objective criteria if any student meets the requirements of excellence required to obtain this qualification. In any case, by academic regulations, only a maximum of 5% of honorary enrollments can be awarded out of the total number of students enrolled in a course. The evaluation committee with objective criteria may decide not to award any distinction.
8. Single assesment
Those students who take advantage of the single assessment system, after approval by the faculty, will take the following final tests.
1. Final multiple choice exam with a value of 50%.
2. Completion of a course work on the subjects that will be proposed at the beginning of the course with a value of 30%.
3. Oral presentation (lecture) before the teacher of a topic on the subjects that will be proposed at the beginning of the course with a value of 20%.
Use of Artificial Intelligence
Restricted use: “For this subject, the use of Artificial Intelligence (AI) technologies is allowed exclusively in [support tasks, such as bibliographic or information search, text correction or translations. The student must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency of the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases.
The Law and Business Administration (Law and ADE) Group has the following assessment system:
Continuous Assessment
The assessment of learning outcomes derived from lectures, compulsory readings, and practical assignments will be carried out through three types of assessment activities:
Two (2) multiple-choice examinations will be held during the semester. The dates of these examinations are included in the course schedule.
Each examination will account for a maximum of twenty percent (20%) of the final course grade. Incorrect or blank answers will be penalized at a rate of one point for every four incorrect or unanswered questions.
Passing these multiple-choice examinations does not exempt students from any part of the syllabus in the final written examination. Likewise, the material assessed in the first multiple-choice examination may also be included in the second examination. The content of the readings assigned for the practical sessions may also be assessed in both multiple-choice examinations.
Twenty percent (20%) of the final course grade will correspond to the practical component and will be calculated as the average of the following two marks:
The average mark obtained in the multiple-choice tests based on the compulsory readings.
The mark obtained for the group presentation on the assigned document from the National Archives of Catalonia (ANC). Assessment criteria will include the depth of research, clarity of presentation, balanced participation among group members, originality and creativity, dissemination of content through social media, use of information and communication technologies (ICTs), and related aspects.
A written examination consisting of essay-type questions on the course syllabus will account for forty percent (40%) of the final course grade. The examination will consist of between one and ten questions covering the entire syllabus, including compulsory readings and the group presentations delivered during class.
To pass the course, students must obtain an overall grade of at least 5 out of 10.
The resit examination will have the same characteristics as the final examination. For students taking the resit examination, the marks obtained in the two multiple-choice examinations and in the practical sessions will be retained and incorporated into the final grade. No minimum mark is required to be eligible for the resit examination.
To qualify for the distinction of Honours (Matrícula de Honor), students must obtain a minimum overall grade of 9 out of 10 and must have completed all assessable activities.
Single Assessment
Students who choose the single assessment option must complete three assessment activities during the examination period:
One multiple-choice examination covering the entire syllabus (30% of the final grade).
Three multiple-choice tests based on the assigned readings (20% of the final grade).
One final examination (50% of the final grade).
If the combined result of these three assessment activities does not reach 5 out of 10, the student will not have passed the course and may take the resit examination. The resit examination will have the same weighting as the final examination (50%), while the grades obtained in the other two assessment activities will be retained.
If, after taking the resit examination, the combined result of the resit mark and the marks obtained in the other two assessment activities remains below 5 out of 10, the student will have failed the course.
Bibliography
Compulsory references
Tamar HERZOG, Una breve historia del derecho europeo. Los últimos 2500 años. Alianza Editorial, 2019.
Marta LORENTE, Jesús VALLEJO (coords.), Manual de Historia del Derecho, València, Tirant lo Blanch, 2012.
(Available in https://cataleg.uab.cat/iii/encore/record/C__Rb2040831__Smanual%20de%20historia%20del%20derecho__Orightresult__U__X7?lang=cat&suite=def)
Revista Historia Constitucional http://www.historiaconstitucional.com/index.php/historiaconstitucional
Ius Fugit https://iusfugit.com/
Quaderni Fiorentini http://www.centropgm.unifi.it/quaderni/indici.htm
Cuadernos de Historia del Derecho https://revistas.ucm.es/index.php/CUHD
Revista de Dret Històric Català https://raco.cat/index.php/RevistaDretHistoric
Journal of Legal Pluralism and Unofficial Law https://www.tandfonline.com/toc/rjlp20/current
Revista de Historia de Estudios Histórico-jurídicos http://www.rehj.cl/index.php/rehj
Software
This subject doesn't use any software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 1 | Catalan/Spanish | second semester | morning-mixed |
| (TE) Theory | 2 | Catalan/Spanish | second semester | morning-mixed |
| (TE) Theory | 3 | Catalan/Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 11 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 12 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 13 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 21 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 22 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 23 | Spanish | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 31 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 32 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 33 | Spanish | second semester | morning-mixed |
| (TE) Theory | 51 | Catalan | second semester | afternoon |
| (TE) Theory | 70 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 511 | Catalan | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 512 | Spanish | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 701 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 702 | Catalan | second semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 703 | Catalan | second semester | morning-mixed |